Case Law
Rule 8: Party and party’s representative

Court of Appeal – Luxembourg (LU), Order dated 08/02/2024, Ocado Innovation Limited v. Respondent (Case number UPC_CoA_404/2023 ORD /)
Example of decision on the representation of a member of the public requesting access to the register:“From this follows that ‘A party‘ in R.8.1 RoP is a wider concept than ‘Parties‘ in the heading of Article 47 UPCA and covers all applicants of any application or action under the UPCA and RoP. The Court of Appeal notes that ‘a party‘ in R.220.1 has a similar wider meaning; it also applies to a third party affected by an order or decision such as a third party under R.190 and a member of the public under R.262.1(b). Consequently, all applicants of any application or action under the UPCA and RoP are required to be represented, except if the rules of procedure waive the requirement of representation. An applicant under Rule 262.1(b) is not exempted from the requirement of R.8.1 RoP and is therefore required to be represented.”
“8. Members of the public requesting access to the register pursuant to R.262 RoP are consequently in an adversarial situation where representation is called for.
9. It follows from the above that the Respondent should have been represented before the Court of First Instance and must also be represented before the Court of Appeal. The Statement of response that was lodged by the Respondent shall be disregarded, as it was not lodged by an authorised representative pursuant to Article 48 UPCA.”